Pekin may repeal impound ordinance

Sharon Woods Harris

Tuesday

Jul 26, 2011 at 12:01 AMJul 26, 2011 at 3:28 PM

A councilman wants to get rid of the city's impound ordinance. City Councilman Fred Massaglia has asked Mayor Laurie Barra to place a motion on the next City Council agenda for the repeal of the city's impound ordinance.

A councilman wants to get rid of the city's impound ordinance.

City Councilman Fred Massaglia has asked Mayor Laurie Barra to place a motion on the next City Council agenda for the repeal of the city's impound ordinance.

He made it clear to his fellow council members that the motion will be to repeal, not amend.

During Monday's meeting, Councilman Tom Blanchard said he wanted to thank three members of the council for supporting the effort to bring the impound ordinance back before the council. Blanchard did not name those council members.

Councilman John Neumann said he does not support a full repeal of the ordinance and asked city staff to bring back possible alternatives to a full repeal.

Repealing the impound ordinance affects both the Police Department and the community, he said, adding that some things in the ordinance need to remain in place. Neumann said he would second Massaglia's motion for the repeal for the purposes of discussion only, but said, "I can't endorse the repeal of it."

The city's impound ordinance has been controversial since it was put into place in 2008 because it punishes drivers for what their passengers do. The driver's vehicle is impounded if a passenger has drugs in his or her possession, for example.

Councilman Cody Hendricks said after his election this past spring that he is interested in amending the ordinance to protect drivers who may be unfairly punished for behavior by passengers, or a driver who borrows the car.

The ordinance currently establishes a $500 fine when anyone in a vehicle is arrested for possession or delivery of a controlled substance or drug paraphernalia, DUI, driving on a revoked or suspended license, or unlawful use of a weapon. The driver also has to pay towing and storage fees.

The ordinance is a moneymaker for the city. In Fiscal Year 2010, the ordinance generated $166,000 for the city. In 11 months of current Fiscal Year 2011, it generated $205,000.

In February, Pekin police Chief Greg Nelson suggested the council could remove possession of drug paraphernalia from the list of triggers for the impound of a car because the impound ordinance fine of $500 is more than the criminal fine for having the paraphernalia. The paraphernalia fine is $300. He also said the council could add vehicle-related crimes such as hit-and-run and others to the list of triggers.

It has been two years since the council discussed changes to the ordinance to protect vehicle owners who loaned their cars to others or had a passenger with drugs in his or her possession. The council at that time declined to make changes related to owner protection.

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